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- Carlsson, Mia, 1966-
(författare)
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Arbetsskada : samspelet mellan skadestånd och andra ersättningsordningar
- 2008
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis addresses the issue of compensation for work-related injuries – the so called occupa-tional damages. Tort law, private insurance law, insurances due to collective bargaining, public insurances covering occupational damages as well as different areas of the social security system are all connected in a vast and complex structure. An important feature of the thesis is to analyse the so called “interdependence” between the different compensation systems. In Part I, the total system – the so called Swedish, or Nordic, model – and its historical development are presented.In Part II of the thesis, it is established what kind of damage situations, which can at all give rise to claims for compensation. Important issues are thereby the requirements of the concept of damage regarding this area of the law (the “work-related injury”). Also the subject matter of causation – “causation-in-fact” and “causation-in-law” – are brought into the analysis. Another factor of crucial importance is the procedural law and its requirements about burden of proof and what is to be counted as proven.If Part II of the thesis has shown the way “into the system”, Part III describes what a person can “get out of the system”. The different forms of compensation are conveyed, with emphasis on income loss.Part IV contains concluding remarks concerning legal aspects on collective agreement regulation of action for damages – the safety insurance – whereby the debate individualism versus collectivism is involved. Moreover, the issue tort law versus insurance law and social welfare law is discussed. The author’s general aim in the thesis is to give stimulus to both critical and constructive discussions concerning the present situation and the development in this field of law.
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- Kleineman, Jan
(författare)
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Reklamationsplikt vid rådgivaransvar
- 2010
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Ingår i: Festskrift till Torgny Håstad. - Uppsala : Iustus. - 9789176787595
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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- Korling, Fredric, 1976-
(författare)
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Rådgivningsansvar – särskilt avseende finansiell rådgivning och investeringsrådgivning
- 2010
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The liability incurred with respect to advisory services, particularly with respect to financial and investment advice, is the subject of this thesis. A number of factors that have influenced developments within the societal and regulatory environments in which advisory services are provided, primarily with respect to financial advice, are examined. The legal regulation of financial markets is extensive as is also self-regulation. Despite the extensive legislation, no universal definition of advisory services has been established. The thesis examines how advisory services relate to information, marketing and sales, as well as how they are defined in penal, public and private law. Professional liability, as well a contractual and tort liability, are also explored with respect to advisory services.The regulations in the financial market have the purpose of strengthening investor protection. Information obligations are often used in order to ensure that investors become sufficiently aware as to the products and services that the investor purchases and accompanying risks. Many investors, however, have difficulties processing financial information. In addition, investors act irrationally.The criticism of the regulations today is that they, in too great an extent, are based on that investors act rationally, when there is very much research that indicates the contrary. Another criticism is that the legislation on financial advice lack clarity in several aspects and that this deficiency is not cured by the preparatory works, for example on the important question on the boundary between advisory services and selling. The legislation would considerably benefit from definitions of advisory services being put into concrete form, in order to therewith facilitate understanding for both investors and advisers as well as supervisory governmental agencies. The situation today is unsatisfactory, not in the least with respect to the requirements of foreseeability and legal certainty.
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